Legal Question in Family Law in Iowa

need help

I live in Illinois and I have a 10 year old son who lives in Iowa with his father who has refused to let me have contact with him since December of 1999. We were divorced in 1993 due to Domestic Violence and in the divorce decree I was given physical custody and he was awarded visitation. In 1997 while my ex was incarcerated in prison for Domestic Assult I allowed my son to go stay with his step mom temporarily. In 1998 when I went to get my son my ex had been released from prison early without my knowledge and refused to let me have my son. Since his release from prison almost 6 years ago he has denied me custody of my son. In 1999 after being being threatened and harrassed by my ex I signed a written agreement giving him physical custody and me visitations. what are my legal rights to my son? How can he get a child support order without a custody order?


Asked on 5/05/03, 1:39 pm

1 Answer from Attorneys
Mary McDonagh McDonagh-Faherty Law Offices

Re: need help

You need to see an attorney. Your husband has withheld custody against a court order. You must go back into court and fight it out again. Either way, the court that had jurisdiction initially will be the court you return to. He cannot get child support until he applies to the court for it. The agreement you signed will be something the judge looks at - however, you can defend yourself by arguing coercion. I wouldn't go this alone if I were you.

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Answered on 5/05/03, 3:07 pm


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